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Opinions Feb. 21, 2017

February 21, 2017
KEYWORDS Opinions

Indiana Court of Appeals
Otis Sams, Jr. v. State of Indiana
67A01-1604-CR-814
Criminal. Vacates Otis Sams’ conviction of Level 4 felony possession of methamphetamine. Finds the state did not carry its burden to show that the inventory search of Sams’ truck was sufficiently regulated. Also finds that all fruits of the inventory search of the truck were inadmissible. Remands with instructions to grant Sams’ motion to suppress and for any further proceedings.

Brian Eldridge v. State of Indiana (mem. dec.)
02A03-1609-PC-2045
Post-conviction. Affirms the denial of Brian Elridge’s petition for post-conviction relief. Finds the post-conviction court did not abuse its discretion and that Elridge’s trial counsel was not ineffective.

Larry Lillard v. State of Indiana (mem. dec.)
49A02-1608-PC-1879
Post-conviction. Affirms the denial of Larry Lillard’s petition for post-conviction relief. Finds Lillard has not made the requisite showing that he suffered any prejudice.

Robert Schuyler v. Donna Schuyler (mem. dec.)
48A02-1603-DR-627
Domestic relation. Affirms the Madison Circuit Court’s order denying Robert Schuyler’s petition to terminate his spousal maintenance obligation to Donna Schuyler. Finds the trial court was within its discretion in not terminating Robert Schuyler’s spousal maintenance obligation.

Kevin Sandifer v. State of Indiana (mem. dec.)
49A02-1605-CR-1083
Criminal. Affirms Kevin Sandifer’s convictions of two counts of Level 6 felony battery against a public safety official and one count of Class A misdemeanor disorderly conduct. Finds the state presented sufficient evidence to prove both battery counts. Also finds that Sandifer’s speech was not political and was an abuse of his right to speak under Article 1, Section 9 of the Indiana Constitution.

David L. Allen v. State of Indiana (mem. dec.)
02A03-1607-CR-1732
Criminal. Affirms David L. Allen’s conviction of Level 4 felony arson, Level 4 felony burglary and Level 6 felony intimidation and sentence to an aggregate of 19 years in prison. Finds the state presented ample evidence to support Allen’s convictions for burglary and arson. Also finds that because Allen has already been tried and convicted, there is no longer any relief available to him for the alleged Criminal Rule 4(A) violation. Finally, finds that evidence of a prior attack was properly admitted as relevant evidence of motive and the relationship between Tierre Jordan and Allen and that his sentence is not inappropriate in light of the nature of the offenses and his character.

In the Matter of the Termination of the Parent-Child Relationship of T.S., Mother, J.D.W., Father, and J.W., Minor Child, T.S. v. Indiana Department of Child Services (mem. dec.)
48A02-1606-JT-1496
Juvenile termination of parental rights. Affirms the juvenile court’s order terminating T.S.’s parental rights to her child, J.W. Finds the trial court’s termination was not clearly erroneous.

John C. McClafferty v. State of Indiana (mem. dec.)
48A04-1609-CR-2086
Criminal. Affirms John C. McClafferty’s sentence to an aggregate of 10 years for attempted child exploitation as a Class C felony, possession of child pornography as a Class D felony and contributing to the delinquency of a minor as a Class A misdemeanor. Finds the Madison Circuit Court did not abuse its discretion in sentencing McClafferty.

Lazaro Miranda, a/k/a Randall Izquierdo v. State of Indiana (mem. dec.)
64A03-1601-CR-124
Criminal. Affirms Lazaro Miranda’s conviction of forgery as a Class C felony. Finds the state presented sufficient evidence to support the conviction.

Rodney Joe McGuire v. State of Indiana (mem. dec.)
09A02-1605-CR-1148
Criminal. Affirms Rodney Joe McGuire’s sentence to 40 years executed in the Indiana Department of Correction for Class A felony child molesting. Finds because it was evident that the Cass Circuit Court intended to sentence McGuire to an enhanced sentence, it is irrelevant that the trial court incorrectly believed that 30 years was the minimum sentence. Also finds that there were sufficient aggravating circumstances to justify the enhanced sentence of 40 years. Finally, finds that any error in sentencing was harmless.

Charles R. Whittington v. State of Indiana (mem. dec.)
05A02-1512-CR-2359
Criminal. Affirms Charles R. Whittington’s conviction of two counts of murder and sentence to an aggregate of 170 years in the Department of Correction. Finds Whittington was not subjected to pre-Miranda interrogation. Also finds Whittington has fallen far short of establishing that the evidence presented concerning his mental state at the time of the murders was without conflict and led only to the conclusion that he was guilty but mentally ill. Finally, finds that Whittington is deserving of the maximum sentence.

Quincy D. Sullivan v. State of Indiana (mem. dec.)
20A03-1606-CR-1246
Criminal. Affirms Quincy Sullivan’s convictions for two counts of robbery as Class B felonies, five counts of confinement as Class B felonies and one count of conspiracy to commit robbery as a Class B felony. Finds Sullivan has not established that the trial court committed fundamental error by neglecting to sever the cases sua sponte or by permitting Webb to proceed pro se.

Francisco Esparza-Hernandez v. State of Indiana (mem. dec.)
20A03-1605-CR-1095
Criminal. Affirms Francisco Hernandez’s sentence to an aggregate of 60 years for child molesting as a Class A felony and sexual misconduct with a minor as a Class B felony. Finds Hernandez’s sentence is not inappropriate in light of the nature of the offenses and his character.

Timothy E. Strowmatt v. Keith Butts and Mike Smith (mem. dec.)
33A05-1606-SC-1485
Small claims. Affirms the Henry Circuit Court’s order denying Timothy Strowmatt’s small claims against Keith Butts and Mike Smith, both of whom are employees of the Indiana Department of Correction. Finds there is sufficient evidence to support the trial court’s order and that Strowmatt has waived his due process claim.

Brandon M. Gilbert v. State of Indiana (mem. dec.)
02A03-1608-CR-1794
Criminal. Affirms Brandon Gilbert’s sentence to four years for corrupt business influence as a Level 5 felony. Finds Gilbert’s sentence is not inappropriate in light of the nature of the offense and his character.

Ivan Gooden, Jr. v. State of Indiana (mem. dec.)
15A01-1603-CR-593
Criminal. Affirms Ivan Gooden Jr.’s convictions for criminal confinement as a Level 3 felony and aggravated battery as a Level 3 felony. Finds his convictions do not violate the prohibition against double jeopardy. Also finds that the Dearborn Circuit Court did not err in ordering Gooden’s sentences of 16 years and 14 years to run consecutively.

 

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